On March 15th, the Federal Railroad Administration (FRA) issued a long overdue proposed regulation requiring that most trains in America have a minimum of two crewmembers. While SMART TD supports the core requirements of the rule, we believe that it can be strengthened and improved before this proposed regulation becomes final. We also expect the railroads to do everything in their power to weaken the rule. That is why we need your help. As a railroad worker, you have firsthand knowledge of the importance of two-person crews and the dangers of single-person operations. That is why the FRA needs to hear your voice on this critical safety issue. Please follow this link to submit your own comments on the rule, citing your personal experiences and expertise in operating trains. The most effective thing you can include in your comments is a personal story of how having two people on your crew prevented an accident from happening. It is not necessary to include all the details like train numbers or dates; just an overview of the incident and how having the second crew member made a difference. Examples of how the second crew member cleared a blocked crossing for an emergency vehicle or dealt with emergency responders during a derailment would also be very beneficial. No one can make a stronger case for two-person crews than those who work — or have worked — on the front lines operating trains every day. The deadline for comments has been extended to June 15, 2016 – more time to get your co-workers, friends, family members and community leaders to comment! Thank you for your help with this critically important issue. Below is an excellent example of a comment submitted by retired member Daniel Potaracke from Wisconsin: Agency: Federal Railroad Administration (FRA) Document Type: Rulemaking Title: Train Crew Staffing Document ID: FRA-2014-0033-0001 Thank You for this opportunity to comment on this important issue. I started on the BNSF RR in 1972 and retired in 2013 after 42 years of service. In 1972, I was one of 5 crew members on a train. When I retired, there were just 2 people on a train, the engineer and I the conductor. I’ve seen lots of changes on the railroad and that is putting it very mildly. With all the technology, you would think it would be safer but, I believe it has actually gotten less safe for a number of reasons. The railroads went from handling and hauling basic cargo and smaller trains to now handling much bigger trains with lots more dangerous cargo in increasing amounts. I remember having “a few” dangerous shipments but, when I retired, I was responsible for having LOTS of dangerous and hazardous cargoes. Just before I retired, I had to sift through lots and lots of paperwork to make sure I had ALL the information and redundancy so if there was a problem, I had some solutions for emergency workers and whomever needed it. I’m not saying it is bad but, making sure I had the paperwork and having someone else to count on made it somewhat better; and, how else are shippers going to transport these dangerous cargoes other than the nations highways? From what I’ve read about the trucking industry, with one person driving a huge truck with dangerous materials and the fatigue the truck drivers put up with, I’m amazed there aren’t more crashes. Having 2 people on a train is definitely much more safe! Having two sets of eyes and ears on the front end of ALL trains is essential for safety for everyone including the public, the employees and the railroads themselves. As a retired BNSF RR conductor, I’ve personally witnessed many “emergency” type incidents that warranted immediate attention and I’m not at all sure that they would have been caught by just one person. Splitting duties in such a way that there are two people onboard makes it easier for one of them to catch a problem vs having one person having so many things to be aware of and all at the same time. I know from personal experience that I’ve averted a few derailments or possible derailments because I’ve caught a problem on either my train or another passing train be it sticking brakes, cracked wheels or hot bearings and shifted loads or other problems. As you know, the railroads carry so many commodities that are very hazardous including oil trains that will burn out of control for days at a time, nuclear waste, chemicals that are certain death with contact or inhalation and munitions and explosives. Having two people on a train can catch a problem before a derailment with any of the above cargoes in a city or even out in the country where winds can blow dangerous inhalations to a city or town. Imagine a burning and exploding oil train in a congested city as big as Chicago or Minneapolis or even a small town where the entire population could be wiped out! We have all seen the images of burning oil trains; now imagine that in the middle of a city with populations living within a few hundred feet! I sometimes wonder if the railroad companies are like the automobile companies that work out the risks or odds of a derailment or toxic release or something similar where they cross their fingers and hope nothing happens but, if something did happen, the chances are 1 in X amount of percent, they could live with that and the resulting monetary damages…or deaths…or whatever. Please keep America safe with the railroads running safe with two people!
Tag: two-person crews
Support among railroaders, unions, states and others has come in the wake of last week’s Federal Railroad Administration’s (FRA) proposed two-person crew rule.
The proposed rule comes after a completed study by the FRA comparing two accidents: the Lac-Megantic, Quebec, derailment (operated by a one crewmember) and the Casselton, N.D. derailment (operated by three persons). After studying the two accidents, FRA determined that two-person crews are safer for all involved and published a proposed rule in the Federal Register.
Read more from People’s World.
Today, state legislators in the Colorado House of Representatives passed a Rail Safety Bill that mandates a two-person crew for all trains operating in the state of Colorado. The bill now heads to the floor of the Colorado Senate.
Carl Smith, SMART TD Colo. state legislative director, released a statement today, acknowledging the victory, while reminding SMART members that the fight isn’t over, and urging them to contact their state senators to make sure the bill passes.
Click here to read the complete press release, and to obtain information on how to contact your state and federal representatives.
In a letter to state directors, National Legislative Director John Risch and Alternate National Legislative Director Greg Hynes report the following:
“Unfortunately, a two-person crew amendment WILL NOT be offered to H.R. 3763, the Surface Transportation Reauthorization and Reform (STRR) Act of 2015.
“Due to the expected rules governing consideration of the legislation and agreements among the leadership of the House Transportation and Infrastructure Committee on which amendments will be allowed, there is no path for the amendment to pass or receive strong support. A significant loss on the floor would set back our efforts.
“Please pass this information down the chain to your LRs and other members you are able to reach.
“While this is not the result we hoped for, we ask that you all continue to push forward and generate support for the stand-alone, two-person crew legislation, H.R. 1763, the Safe Freight Act. The more cosponsors we have on H.R. 1763, the better position we will be in to pass it as a stand-alone bill or attach it to a larger bill next time the House considers rail safety legislation.
“As always, thank you for all of your hard work and willingness to assist in our efforts.”
It has recently been announced that an attempt may be made to attach language from H.R. 1763, the Safe Freight Act, which is the federal two-person crew bill onto H.R. 3763.
H.R. 3763 is the Surface Transportation Reauthorization and Reform Act of 2015, which was passed by the House Committee on Transportation and Infrastructure Thursday, Oct. 22. This bill contains language extending the PTC implementation deadline to 2018 with an additional two-year extension beyond that date.
Members, friends and family are urged to contact their House Representatives immediately to ask them to co-sponsor and support H.R. 1763, as well as its inclusion to H.R. 3763.
“Now is the time to take action and contact your congressional representatives about co-sponsoring H.R. 1763,” said Alternate National Legislative Director Greg Hynes. “It’s in the best interest of public safety and the safety of our members.”
Click here to search for your House Representatives by state.
Click here to send an email to your representatives, asking for their support of H.R. 1763 for railroaders.
Click here to send an email to your representatives, asking for their support of H.R. 1763 for family members and friends.
SMART TD Ohio State Legislative Director Stu Gardner is calling members to action in response to the introduction of Senate Bill 229 (SB 229), the two-person crew bill introduced in the Ohio senate Oct. 14. The bill has been referred by the senate to the Public Utilities Committee.
“The call to action is this: I am requesting that every member in Ohio contact the Senators of the Public Utilities Committee and urge them to support SB 229,” Gardner said. “Email and call your state senator and tell them you want them to support SB 229 for the safety of our members and the general public that reside near the railroad tracks.
“Your message should be short and concise and to the point. We want them to understand that this is an important safety issue to you, your family and the public.
“I want you to understand that this is the first step. We want SB 229 to pass through this committee with a majority of votes. If SB 229 doesn’t get the majority of the votes in committee, it will die then and there.”
Click here to find your district.
Click here to find your Ohio senators and representatives.
Click here for a sample email that you can send to your senator.
Click on these links for documents to attach to your email:
- SB 229
- Problems with single employee train crew operation
- Train crew job descriptions
- Two-person crew September 2015 survey results
Below are the members of the Public Utilities Committee and their contact information.
“Back on Track: Bringing Rail Safety to the 21st Century,” is a study conducted by the Alliance for Innovation and Infrastructure (Aii) on opportunities that are currently available to enhance rail transportation safety in the United States.
The study, which focuses largely on crude oil and hazardous shipments, gives real-world solutions that are intended to prevent accidents, rather than mitigate them. Included in that study is a recommendation for the Federal Railroad Administration (FRA) to require two-person crews (see page 14).
To view the report in its entirety, click here.
Governor Jerry Brown of California September 8, 2015, signed into law bipartisan legislation requiring that all freight trains and light engines are operated by a crew of at least two individuals.
SMART Transportation Division National Legislative Director, John Risch, praised the new law: “I am very pleased that California has joined Wisconsin, Arizona and West Virginia in adopting these sensible requirements. This is a matter of public safety, plain and simple. Freight railroad operations are complex and often entail the transport of highly hazardous materials, such as crude oil, chlorine gas and many other chemicals; two crew members are vital to ensuring that these trains are operated safely and our communities are secure.”
Risch also praised those responsible for crafting and passing the legislation: “Many thanks go to Senator Lois Wolk for her sponsorship and to J.P. Jones and Mike Anderson of the SMART Transportation Division California State Legislative Board for their work explaining the importance of this legislation to California lawmakers.”
The law is supported by the California Public Utilities Commission (CPUC), which reports that of all the industries subject to its oversight – energy, water, telecommunications and transportation – rail accidents result in the greatest number of fatalities each year. In advocating for the bill, CPUC Deputy Director of the Office of Rail Safety, Paul King, said, “Senator Wolk’s bill would ensure that freight trains continue to have the safety redundancy that a second person provides. Such redundancy is a fundamental safety principle that is evidenced in certain industries, such as using two pilots in an airplane cockpit, or requiring back-up cooling systems for nuclear reactors.”
Congressman Don Young of Alaska has introduced legislation at the federal level – H.R. 1763, the Safe Freight Act – which would similarly require that all freight trains are operated by a minimum of two individuals, a certified conductor and a certified engineer. On April 14, 2015,
H.R. 1763 was referred to the House Transportation and Infrastructure Subcommittee on Railroads, Pipelines and Hazardous Materials.
In the final week of legislative session, the Nebraska legislature officially recommended that railroad locomotives should have a two-person crew.
According to the resolution — LR 338 — safety risks posed by shipments of such materials as ethanol, Bakkan crude oil and chlorine could be reduced by requiring a train crew of at least two individuals.
The resolution was sponsored by Sen. Al Davis of Hyannis. The legislature adopted it by a 36-4 vote on May 28.
Read more from the North Platte Bulletin.
(The following is a joint statement by Dennis R. Pierce, National President of the Brotherhood of Locomotive Engineers and Trainmen, and John Previsich, President, SMART Transportation Division, regarding questions that have arisen since the fatal Amtrak derailment in Philadelphia on May 12, 2015.)
Previsich
CLEVELAND, May 19 — Members of BLET’s Safety Task Force and SMART Transportation Division’s National Safety Team, in addition to representatives from the Brotherhood of Maintenance of Way Employees Division of the Teamsters Rail Conference (BMWED), are working with the National Transportation Safety Board (NTSB) to assist in the investigation of the catastrophic May 12 derailment of Amtrak Train 188.
Significant progress has been made in understanding how the accident occurred on May 12. That portion of the investigation is not yet complete, however, and even more work needs to be done to determine why the events of that tragic night transpired the way they did.
BLET and SMART TD do not make official comments about any ongoing NTSB investigation. Due to the number of press inquiries concerning issues not under investigation, however, we are providing the following information on why Amtrak trains on the Northeast Corridor are manned by a lone engineer in the control cab and why Positive Train Control (PTC) has not been installed on the Corridor. The answers to both questions begin with the United States Congress.
Pierce
Why a One-Person Train Crew?
In 1981, Congress passed legislation (the Northeast Rail Service Act of 1981) that ended the previous Conrail requirement that there be a second crew member in the control cab of commuter rail trains on the Northeast Corridor. Armed with that legislative precedent — and mindful of where its funding originates — Amtrak has since 1983 refused to crew Northeast Corridor trains with more than one employee in the cab – the locomotive engineer. Although BLET and SMART TD have steadfastly maintained that there should be two crew members in the cab of all trains to ensure public safety, only Congress can change the 1981 legislation that reduced crew size on the Northeast Corridor. But this is only one piece of a very large, complex puzzle.
Why No Positive Train Control?
On the heels of another catastrophic railroad accident in Chatsworth, Calif., the federal government mandated in 2008 that Positive Train Control (PTC) be put in effect by the end of this year. That was seven years ago. Even with that mandate in place, and with the exception of some railroads such as BNSF Railway, the industry at large has spent the interim finding reasons to avoid implementing PTC technology. They have created the situation about which they all now complain — they say they cannot meet the December 31, 2015 deadline. Each death caused by the delay of PTC implementation is one too many, yet Congress is preparing to consider a blanket 5-year extension to 2020. This is most certainly not in the public interest.
Since 2005, the NTSB has completed 16 investigations of railroad accidents that could have been prevented or mitigated with PTC. These 16 accidents claimed 52 lives — many being BLET and SMART TD members — and injured 942 people, with damages totaling hundreds of millions of dollars. NTSB has publicly stated that the accident on May 12, 2015 was also PTC preventable. There is no disagreement over the value of PTC technology.
That said, there is no technology available today that can ever safely replace a second crew member in the cab of the locomotive. The only thing on a locomotive that is not a machine is the crew. The uncontrolled external environment in which trains are operated along with regulatory and operational demands of a safe transportation service demand a crew of at least two fully trained and qualified employees in the control cab of every train. PTC is only a safety overlay that ensures a safer operation, and no technology can replace the level of safety provided when two crew members are on board and can serve as a check and balance to one another.
Even with all the safety-related technology that the government has mandated on commercial airlines, the public would never accept an airline operation with a single person in the cockpit. There is no reason that rail employees and rail passengers’ lives should be viewed any differently.
Contrary to what some in government may say, the only place that crew size and PTC do connect is when it comes to funding. That is especially true in the case of Amtrak, because the government has woefully underfunded Amtrak since its inception. Additional crew members and new technology both cost money, and so long as those in Congress see fit to underfund the operation, they undermine their own mandate and shortchange the safety of the traveling public.
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The Brotherhood of Locomotive Engineers and Trainmen represents more than 55,000 professional locomotive engineers and trainmen throughout the United States. The BLET is the founding member of the Rail Conference, International Brotherhood of Teamsters.
The SMART?Transportation Division is headquartered in the Cleveland suburb of North Olmsted, Ohio. It is a broad-based, transportation labor union representing about 125,000 active and retired railroad, bus, mass transit and airline workers in the United States. It is a division of the International Association of Sheet Metal, Air, Rail and Transportation Workers based in Washington, D.C.